4
CATAN AND OTHERS v. MOLDOVA AND RUSSIA JUDGMENT
notes that in their observations the Russian Government submitted that the
facts concerning the armed conflict were not relevant to the issues arising in
present case.
13. From 1989 onwards, a movement of resistance to Moldovan
independence had been forming in Transdniestria. On 2 September 1990
Transdniestrian separatists announced the creation of the “Moldavian
Republic of Transdniestria” (the “MRT”). On 25 August 1991 the “Supreme
Council of the MRT” adopted the “declaration of independence” of the
“MRT”. On 1 December 1991 a “presidential election”, declared illegal by
the Moldovan authorities, was organised in the Transdniestrian provinces
and Mr Igor Smirnov claimed to have been elected “President of the MRT”.
To date, the “MRT” has not been recognised by the international
community.
14. At the time of Moldova’s declaration of independence, it did not
have its own army. The USSR’s 14th Army, whose headquarters had been
in Chişinău since 1956, remained on Moldovan territory, although from
1990 onwards equipment and personnel began to be withdrawn. In 1991 the
14th Army in Moldova was composed of several thousand soldiers, infantry
units, artillery (notably an anti-aircraft missile system), armoured vehicles
and aircraft (including planes and strike helicopters). It had a number of
ammunition stores, including one of the largest in Europe at Colbaşna in
Transdniestria.
15. By Decree no. 234 of 14 November 1991 the President of Moldova
declared that ammunition, weapons, military transport, military bases and
other property belonging to the military units of the Soviet armed forces
stationed in Moldovan territory were the property of the Republic of
Moldova. This decree was not given effect within Transdniestria.
16. By a decree dated 5 December 1991, Mr Smirnov decided to place
the military units of the 14th Army deployed in Transdniestria under the
command of “the National Defence and Security Department of the
Moldavian Republic of Transdniestria”. Mr Smirnov appointed the
Commander of the 14th Army, Lieutenant-General Iakovlev, as head of the
“TRM” “National Defence and Security Department”. In December 1991
Lieutenant-General Iakovlev was arrested by the Moldovan authorities, who
accused him of helping the Transdniestrian separatists to arm themselves by
using the weapon stocks of the 14th Army. However, he was subsequently
released following the intercession of the Government of the Russian
Federation.
17. At the end of 1991 and the beginning of 1992 violent clashes broke
out between the Transdniestrian separatist forces and the Moldovan security
forces, claiming the lives of several hundred people.
18. On 6 December 1991, in an appeal to the international community
and the United Nations Security Council, the Moldovan Government
protested against the occupation, on 3 December 1991, of the Moldovan